[rfkhumanrights]

Thank you so much for your questions - I’ll leave you with some words of wisdom, courtesy of my father, from my new book  "Robert F. Kennedy: Ripples of Hope". The influence of my father's legacy is remembered through conversations  by Dolores Huerta, Barack Obama, Van Jones, Al Gore and more!

[rfkhumanrights]

Good afternoon. As an AP Gov and US History teacher, I teach about your father quite a bit. What do you think is your father's greatest legacy and I will share that with my students ( and my own children) Thanks so much for your time.

His moral imagination animated all he did. It enabled him to understand thatKhrushchev, like JFK, had a military industrial complex pushing the Soviets towar, but that there was a way to peace, thus saving us from nuclearannihilation during the Cuban Missile Crisis. That same empathy allowed him tospeak with compassion and heart to an audience in the  largest African American neighborhood  the night Dr. King died.   We need that moral leadership today.

[rfkhumanrights]

Hello, how would you suggest communities try to counteract the negative externalities of the cash bail system besides advocating for change legally? Do you support the idea of community groups pooling funds to help bail community members out? Do you think or have seen other methods have done better? Thank you :)

Thanks for this question! There is a long history of communities coming together to secure each others freedom, and we’re honored to support such efforts today. Community bail funds (such as the Brooklyn Community Bail Fund and Bronx Freedom Fund here in NYC) get thousands of fellow citizens out of jail each year, allowing these individuals to continue their lives while they await trial – this has a hugely positive impact on the individual, their case outcome, and also on their families and communities. Not only do we support community bail funds and mass bail out actions (such as the Mama’s Day Bail Out), but we also mobilize volunteers to post bail through the Dollar Bail Brigade, and post bail ourselves in tactical cases such as that of Pedro Hernandez.

While these efforts are literally life changing for individuals, and provide powerful opportunities for story-telling and narrative change, it’s important to remember that posting bail is only a stop gap measure – ending money bail is the larger goal, and that can only be done through legal change.

[rfkhumanrights]

What can people do to influence the fact that public defenders are often underpaid and overworked? Do you think this results in the less wealthy accused being convicted at a higher rate?

Though it varies in severity, funding for public defenders is a huge issue across the country. Even in New York where we have one of the most robustly funded public defense community, the resources are far from sufficient. One of the organizations doing the best work around resources and training for public defenders – particularly in the South where funding is significantly in peril – is Gideon’s Promise. In every state and city however, citizens must raise their voices for this important issue in their state legislature’s and city council’s budget process.

[rfkhumanrights]

do you think the imprisonment of so many colored people has anything to do with the primarily white criminal justice system????

You raise a good point that gets to one of the biggest challenges that reform efforts confront – in that we are not just addressing a handful of individual’s racist views or policies, but rather entire structures that have been set up and our founded upon injustice and inequity. This is structural racism and inequality, and when it is embedded in our systems it can mask the reality of what is going on.

[rfkhumanrights]

Three movies that you would say describe your life the best :)

The Hangover.  Just Kidding.

[rfkhumanrights]

With bail reform would we have a system of R.O.R. and those held in custody without bail (such in the case of murder charges)?

Again, we should be very careful to use someone’scharges as a proxy to determine whether we should deprive them of their libertybefore they have even been convicted of any crime. Ideally, each case wouldreceive an individualized determination of whether there is a legitimate reasonto incarcerate someone pretrial – again ensuring that there is no lessrestrictive measure to accomplish the same outcome and ensuring thatdetermination is made with due process. Last year, Robert F. Kennedy HumanRights took on the case of Pedro Hernandez in the Bronx. Pedro is a teenagerand a victim of police abuse and was caged in Rikers for over a year on falsecharges of shooting a gun into a crowd. The same goes for Kalief Browder whotragically took his life after being caged on Rikers even longer than Pedro onsimilar false charges.

[rfkhumanrights]

What are your thoughts on New Jersey's 2017 risk assessment score that replaced the traditional bail bond structure? Do you find it an effective alternative?

The advocates in New Jersey deserve a lot of credit at being at the forefront of positive reform efforts. However we should all be cautious of treating algorithmic risk assessments as a panacea for reform. Racial and economic inequality are currently embedded in our criminal legal system. As most risk assessment instruments out there use data about a person’s history in the system – a system that we all acknowledge have disproportionately targeted communities of color and the poor – then that data is further embedding the inequities of the past system in place to make determinations in the reformed system. While in some areas, for example rural areas where resources and lawyers and court staff are in short supply, some form of a risk assessment might indeed be a helpful tool to decarcerate, we have to question as reformers whether, on principle, we are willing to settle for a reform that still has racism and economic inequality embedded in it. For a great resource on risk assessments, check out this Q&A document by Human Rights. 

[rfkhumanrights]

Have you seen the Last Week Tonight bit on bail? If so, what are your thoughts?

Yes! John Oliver does a greatjob of boiling down the fundamental injustices inherent in the money bailsystem in this country. But most importantly, he managesto bring the issue of money bail to the attention of many people who otherwisewouldn’t even know the problem existed – and that’s the real win of theepisode.

https://www.youtube.com/watch?time_continue=3&v=IS5mwymTIJU

[rfkhumanrights]

Thoughts on Angela Davis'/Critical Resistance philosophy of prison abolition? Specifically in terms of imprisonment and punishment as an alternative to poverty and unemployment?

Angela Davis is an incredible leader, thinker, and activist – the importance of her voice in this moment cannot be overstated. Everyone should go read more about Critical Resistance, but her vision of creating “genuinely healthy, stable communities that respond to harm without relying on imprisonment and punishment” is something we should all be working towards. Abolitionism should not be a term we relegate to history, especially when we have a system of mass human caging that is a direct legacy of slavery and Jim Crow.  

[rfkhumanrights]

Should I support the bail reform bill in my state (California)?

As a big, complicated state, the bail reformdynamics in CA are complex and evolving. Your best bet is to follow the lead ofsome of the amazing grassroots orgs who are closest to the ground in Californiaand working with directly impacted communities, such as Essie JusticeGroup, Silicon Valley DeBug, and Color ofChange.

[rfkhumanrights]

What are your opinions, on the recent pardon by Donald Trump to Alice Johnson? Do you think this is a step forward for bringing attention to unfair cases, or just a case that was able to be turned around due to Kim Kardashian’s influence and platform?

I had personally joined the public calls for Alice to receive clemency. It was the right thing to do. Groups like the National Council and Can Do Clemency are doing a lot on this issue writ large. At the same time many, many, many more people currently serving unjust sentences deserve clemency, we must recognize that not everyone will have a celebrity champion their cause. Unfortunately we now have President who only seems to do the right thing when it serves his ego. So that’s not a sustainable formula we can rely on for clemency efforts moving forward. More needs to be done at the state level by governors as well. And in general, we cannot take our eye off the ball of reform efforts that will prevent more people from being caged en masse and winding up in need of clemency years from now.

[rfkhumanrights]

Why dont you support women leading CJ reform?

Female voices are essential if we’re serious about reforming our broken criminal justice system. That’s one of the reasons Robert F. Kennedy Human Rights honored Andrea James with our 2016 Human Rights Award who founded the National Council for Incarcerated and Formerly Incarcerated Women and Girls , and why we’ve worked to amplify the stories of mothers like Jessica Perez, whose son Pedro Hernandez spent over a year in Rikers Island without being convicted of a crime. We would also point you to our partners at the Essie Justice Project who are doing amazing work in California with and for women with incarcerated loved ones. These stories, issues, and perspectives specific to women deserve far greater visibility and room at the table when discussing criminal justice reform.

[rfkhumanrights]

The racial disparities when it comes to the criminal justice system have been hundreds of years in the making. Though, greater light is beginning to be shed on this issue, how can a young person like myself aid in bringing meaningful awareness to the problem and engage with those who have the authority to do something about it so as a country we can learn from our mistakes and truly begin to make some changes?

Thanks for such an important question! Myfather had an unwavering belief in the power of youth, and once said “it is arevolutionary world we live in, and thus, it is the young people who must takethe lead”. As a young person, we need your voice now more than ever.

There are many ways you can get involved andhelp end mass incarceration and the injustices that drive it. Here are someideas:

●    Get in touch with local grassrootsorganizations who work with directly impacted communities to see how you cansupport their specific advocacy efforts and goals.

●    Go sit in your local courtroom andwatch arraignments. Courtrooms are public places, and you will learn anincredible amount by just sitting in a courtroom for one hour. Then talk toyour friends about what you see. Blog about it. Post about it on social media.

●    Learn who your local DistrictAttorney is and go meet with them. Ask them about their criminal justicepolicies. DAs are some of the most powerful actors in the criminal justicesystem, and are elected officials so should be accountable to their communities.If the DA in your area is up for election, go vote! And tell your friends tovote!

●    And never underestimate the powerof just starting a conversation – especially if it’s with people who mightdisagree with you, or might not be aware of these issues. Have friends over towatch The Thirteenth on Netflix, then talk about what you see and find a way toget involved together.

[rfkhumanrights]

I work data collection at a county jail. With the latest bail reform, first-time offenders may be released of their charges, which is great for petty crimes as it helps to reduce unnecessary sentencing and may help to reduce recidivism rates. The issue is, many are being released on pretty serious charges. Can we expect this to change in the future?

First it’s great to hear that you are collecting data, because there is a huge gap in data collection which is so crucial to making informed reform decisions. Your question also raises important issues that need to be discussed in bail reform efforts. In fact a charge-based decision making process is an inherently flawed way of thinking about who should get released pretrial and who should be detained – let alone who should have conditions set (like money bail) to secure their release. In all cases, pretrial people are innocent until proven guilty. What about innocent people accused of a serious crimes? What about people accused of “petty” crimes who prosecutors then “over-charge” with a “serious” crime to increase the likelihood they are detained and can thus much more easily (though unjustly and coercively) extract a guilty plea? True bail reform requires us to examine preconceived notions of the way the system has operated for years. Any decision to take away someone’s liberty should involve due process. In terms of public safety, if there is evidence that someone represents a threat to a specific individual, that’s a legitimate consideration. If there is evidence that someone will flee the jurisdiction to avoid prosecution, that’s a legitimate consideration. If there is evidence that someone is tampering with witnesses while out to obstruct justice in their case, that’s a legitimate consideration. But to use an imperfect “proxy” like “charge” to take away someone’s liberty before they’ve been convicted with due process by a court of law – that is a dangerous proposition that will continue to result in the unjust over-incarceration of people pretrial across the country.

[rfkhumanrights]

What are the plausible methods that could be implemented by the government and/or private entities to reform bail bonding?

There are a whole host of plausible reforms. There are diversion programs and other policing reforms that can reduce the number of people going into the system in the first place. There are office policies and everyday decisions by prosecutors to stop requesting money bail and instead request non-monetary conditions of release (if any condition at all) in each case that comes across their desk (see Kim Foxx in Chicago, and Larry Krasner in Philadelphia). There are legislative reforms, like that we are working on with our partners here in New York at JustLeadershipUSA that can decrease those who are even eligible for pretrial detention and/or ensure that one’s ability to pay is taken into account.

[rfkhumanrights]

Why hasn't there been a movement passed to change the amount of bail not based on the crime you committed but what you make annually? Bail means different things for the rich vs poor. This makes it easier for the rich.

In fact, that is exactly what many reformers are specifically demanding: in every single case where money bail is set as a condition of release, there MUST be a determination (with due process) of the person’s “ability to pay”. But going beyond that, there are many other less restrictive conditions of release that don’t involve putting money down upfront and don’t rely upon the coercive private bail bonds industry (like “unsecured bonds” here in New York).